Q: Is arrest without showing a warrant legal in a terroristic threatening charge?
I have a concern regarding a recent arrest that took place without a physical warrant being shown at the time. The person involved was informed of an existing warrant for terroristic threatening, issued by the local police department in a county jurisdiction. However, no proof of the warrant was provided, and the person has been in jail since Friday. Is it legal for an arrest to be made this way without showing a warrant? What steps can be taken to address the lack of warrant documentation?
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A:
In the United States, police officers are not legally required to physically show a warrant at the time of arrest. While officers may show the warrant to a suspect during arrest (which could allow identification of any errors), a suspect does not have an absolute right to see the warrant during the arrest process.
The standard practice, which has been sanctioned by courts, recognizes that it's often "impossible for a warrant to be in the possession of every officer who is searching for a fugitive or who unexpectedly might find himself in a position to apprehend the fugitive."
Your friend or family member will have the opportunity to review the warrant later in the legal process. For now, here are some steps that might help:
Contact a criminal defense attorney immediately. They can request to see the warrant documentation and verify its validity. This is particularly important in terroristic threatening cases, which can carry serious penalties.
Have someone visit the jail where the person is being held to provide support and gather information about bail hearing dates.
If there are mistakes in the warrant (like a misspelled name or incorrect information), these can be addressed later in the legal process. Clerical errors typically aren't enough to invalidate a warrant, but identity errors might be.
Remember that terroristic threatening charges are taken very seriously by the legal system. Getting proper legal representation should be your top priority right now.
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